Loading...
HomeMy WebLinkAbout05-16-1979156 Wednesday, May 16, 1979 7:00 P.M. Pg.1 PUBLIC HEARING AGED EXEMPTIONS A public hea_-ing was called to order at 7:00 P.M. by Sapervisor Nadolski. The Town Clerk read the Legal Notice which is as follows: NOTICE IS HEREBY GIVEN that a. public hearing will be held by the Town.Board of the Town of Cortlandville, Cortland County,New York, at the Town Hall, 15 Terrace Road in the Town of Cortlandville on May 16, 1979, at 7:00 o'clock P.M., in the matter of the adoption of a resolution exempting from taxation of real property owned by persons sixty-five (65) years of age or over whose income or combined income for the income tax year immediately preceding the date of application does not exceed $7,200.00, to the extent of fifty-percentum (50%) of the assessed valuation thereof upon all future assessment rolls of the Town of:Cortlandville pursuant to the provision of Section 467 of the Real Property Tax Law. All parties in interest and citizens will be heard at the public hearing to be held as aforesaid. Dated: May 3, 1979 Assessor Wells recommended that the Town Board move to accept the suggested increase. There were no comments from those in attendance. Councilman Pierce made a notion that the public hearing be closed. Councilman Miller seconded the motion. All voting: AYE Motion carried. The hearing was closed at 7:08 P.M. Respectfully submitted, Pauline H..Parker Town Clerk 1 1 • H Wednesday May 16, 1979 7:15 P.M. page 1 157 PUBLIC HEARING DISCONTINUE 10% DISCOUNT - SEWER DISTRICT # 1 A public hearing was called to order at 7:15 P.M. by Supervisor Nadolski. The Town Clerk read the Legal Notice which is as follows: NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board of the Town of Cortlandville Cortland County, New York, at the Town,Hall, 15 Terrace ® Road inthe Town of Cortlandville on May 16, 1979, at 7:15 o'clock P.M., in the matter ofthe adoption of an ordinance repealing that portion of Section 3 of "an ordinance establishing and imposing sewer rents in the Town of Cortlandville,Sewer District No. 1" which provides as follows: "A discount of 10% of the amount due shall be given for payment thereof within such period." All perties in interest and citizens will be heard at the public hearing to be held as aforsaid. Dated May 4, 1979 Supervisor Nadolski stated of our desire to remove the 10% discount. This has been allowed in the past to those who paid their sewer rent within the first 10 days. Councilman Thorpe explained that it was the consensus of the Town Board at the last board meeting, that the discount was unfair. Providing sewers is a -town service, not a business. Therefore, a business like discount should not be allowed. Those using the service should pay for the service. This prevents those not using the service from paying extra. There were no comments from those in attendance. Councilman Pierce made a motion to adjourn the Public Hearing. Councilman Thorpe seconded the motion. All voting: AYE. Motion carried. The hearing was closed at 7'e21 P.M. Res ectfully submitted Pauline H. Parker Town Clerk 1 15R Wednesday, May 16, 1979 7:00 P.M. page 1 SPECIAL MEETING A special. meeting of the Town Board was held on Wednesday, May 16, 1979, 15 Terrace Road -,.Cortland, NY. Board members present were: Superviear, Nadolski; Councilman Miller; Councilman Manning; Councilman Pierce; and Councilman Thorpe. Others present were Attorney, John Folmer; Town Clerk Pauline Parker; Deputy Clerk, Bonnie Call; General Clerk, Edna Puzo; Justice, Donald Eaton; Engineer, Charles Feizli; Water & Sewer Supt., Fred Walker; Zoning .Enforcement Officer, Don Fowler; Assessor Robert Wells; Legislator, Del Palm; News - reporter, Paul LaDolce and Town Residents. Supervisor Nadolski called the meeting to order at 7:00 P.M. The public hearing was held regarding Aged Exemption. Refer to page #156. Supervisor Nadolski introduced Charles Feiszli, the Town Engineer recently hired. We have received a telephone call from Southern Tier East Regional Planning and Development Board. The total amount of our application for funding to ARC was thought funding to to be high. In the application we are applying for 80% ARC grant and 20% loan. If the total project cost is less . than what we show in the application, they would hold us to the local share or loan amount shown. They would only make up the difference with grant money. We are attempting to refine our estimate. We need to contact the State Department to inform them of any change in the amount stated on the application this week. Once they are contacted they will.forward the application to the Federal Government for final.approval. We should hear from the Federal Government three to four weeks after they have received the application. We have inquired as to E.P.A. funds. There are none available for Cortland County until the 201 Facility Plan is approved. We received a letter from Audit & Control stating LETTER from our application for the formation of Sewer District #2 Audit & has been sent to the Clerk of the Cortland County Control Legislature. It will be there for 15 days to allow for Sewer Dist. comments. #2 The Public Hearing was held regarding 10% discount on Sewer rents. Refer to page #157. RESOLUTION # 87 AUTHORIZATION TO INCREASE AGED EXEMPTION ON REAL PROPERTY TAX Motion made by Councilman Miller Seconded by Councilman Manning All voting: AYE ADOPTED WHEREAS a public hearing was held by the Town Board of the Town of Cortlandville at the Town Hall on May 16, 1979at 7:00 P.M., in the matter of the _ adoption of a Resolution exempting real property from taxation pursuant to the provisions of Section 467 of the Real Property Tax Law. Res. #153 RESOLVED that Resolution # 153 of October 19, 1977 amemded is hereby amended, and be it further 1 • • 1 Wednesday, May 16, 1979 page 2 1, t- E 0 fl E RESOLVED that the Assessor of the Town of Cortlandville shall exempt from taxation real property owned by persons sixty-five (65) years of age or over, whose .exempt from income or combined income for the income tax period taxation immediately preceding the date of application does Persons 65 not exceed Seven thousand, two hundred dollars or over ($7,200.00) to the extent of fifty percentum (50%) of the -assessed valuation thereof, upon all future Assessment Rolls of the Town of Cortlandville pursuant to the provisions of Section 467 of the Real Property Tax Law, and RESOLVED that this resolution shall become effective upon publishing and posting as required by law. RESOLUTION # 88 AUTHORIZATION TO DISCONTINUE THE 10% DISCOUNT FOR SEWER RENTS Motion made by Councilman Manning Seconded by Councilman Miller All voting; AYE WHEREAS a public hearing was held by the of the Town of'Cortlandville at the Town May 16, 1979 at 7:15 P.M. in the matter continuation of the 10% discount of the to the users of Sewer District #1. discontinue 10% disc. ADOPTED for sewer Town Board Hall on of the dis- amount charged WHEREAS the discount was allowed to initiate prompt payment. BE IT RESOLVED that Section 3 of the Ordinance Establishing and Imposing Sewer Rents in the Town of Cortlandville, Sewer Dist. #1, which was adopted at the meeting on October 4, 1961 is hereby amended by deleting therefrom that portion of such ordinance which provides as follows: " A discount of 10% of the amount due shall be given for payment thereof within such period. and RESOLVED that this resolution shall become effective upon publishing and posting as required by law. Supervisor Nadolski apprised the Town Board that our Sewer Ordinance reads that the Town Board cannot mandate everyone to hook up to the sewer. They must receive -an order from the County Health Dept. There are several on Tompkins St. and McLean Road area still on septic tanks. RESOLUTION # 89 AUTHORIZATION FOR THE SUPERVISOR TO NOTIFY THE BOARD OF HEALTH OF THOSE .)NOT HOOKEDi : IDTT O THE T01IN SEWER Motion made by Councilman Manning Seconded by Councilman Pierce All voting: AYE ADOPTED BE IT RESOLVED that the Supervisor is hereby authorized and direorted to notify the Cortland County Board of Health and furnish them with the information of those not yet connected to and - using the Town Sewer facilites, and notify Board of Health those not hook to sewer BE IT FURTHER RESOLVED that he request the Cortland County Board of Health to proceed with the necessary means to see that the connections are made and put into use. 160 Wednesday, May 16, 1979 Page 3 RESOLUTION # 90 AUTHORIZATION TO REWRITE NEW WATER & SEWER ORDINANCES Motion made by Councila.man Pierce Seconded by Councilman Thorpe All voting: AYE ADOPTED to rewrite new water & sewer WHEREAS the existing ordinance for water was written ordinance in Sept, 1957 and WHEREAS the existing ordinance for sewer was written in July, 1960. BE IT RESOLVED that new ordinances be written for the Water District and the Sewer District. Councilman Manning requested Legislator Del Palm to cynfer on the status of the proposed changing of the calculating procedure of the sales tax. He stated that there will be another meeting sometime in June.. They have requested an expert from the state to give an opinion of the legal status in which the City of Cortland has stated that they would not continue with the existing contract. At this time there appears to be a difference of interpertation of the meaning of the contract. There was a discussion as to who will be issuing the new Fire Numbers or Emergency numbers to the residents in the Town of Cortlandville. RESOLUTION # 91 Motion made Seconded by All voting: AUTHORIZATION FOR THE ZONING ENFORCEMENT OFFICER TO ASSIGN THE EMERGENCY NUMBER WHEN THE BUILDING PERMIT IS ISSUED by Councilman Thorpe Councilman Manning AYE WHEREAS the county fire coordinators recenty completed an Updating Program numbers assign emergency Emergency Numbers and ADOPTED office has of Assigned WHEREAS all existing residences now have an assigned number BE IT RESOLVED that the Zoning Enforcement Officer shall be and is hereby directed to assign the Emergency Number at the time that a building permit is issued, and BE IT FURTHER RESOLVED that the Town Clerk, upon receipt of the building permit shall contact the fire coordinators office to advise them of the new number assigned and also shall advise, upon request, the Emergency Number which has been assigned to existing residences. The Town Board requested the news media that were in attendance (radio & newspaper) to occasionally remind people of the value and importance of the Emergency Numbers and encourage the people to contact their Town Clerks office to get their number. RESOLUTION # 92 AUTHORIZATION TO PURCHASE MINOLTA # 101 AND LEASE PITNEY BOWES COPY MACHINE Motion made by Councilman Manning Seconded by Councilman Miller, All voting: AYE ADOPTED purchase Minolta BE IT RESOLVED that authorization is hereby given # 101 and lease to pay the stated fee of $239.50 and purchase the Pitney Bowes Minolta # 101 copy machine, and Copy machine 1 • • 1 Wednesday, May 16, 1979 page 4 161 BE "IT..FURTHER RESOLVED that we lease an additional copy machine from -Pitney Bowe.a for a.one'year period, Supervisor Nadolski apprised the Town Board that he has met with Mr. Robert Pi-imo and discussed the road road construc he recently .c-,ons-tructed ,at_- the end of Homestead Ave. ted at end of Mr. Primo,,agreed- to mark the, exit.-as,�Emergency.'Only. Homestead He also .,ill -,blacktop this and ,will -put up -a temporary barricade. This will be replaced'by Mr. Primo if ,necessary, at their -expense. Mr:,Nadolski,has talked with some of the residents -on -Homestead and they.are in agreement. A resident off' Hallstead,expressed concern about the many housing complexus-.built in that, area. Now 500 college students will be -housed in that area. The occupant of these buildings show no respect to road signs etc. and was concerned about this new"Emergency Only"road being. used as a public highway. RESOLUTION # 93 .`AUTHORIZATION FOR SUPERVISOR TO REQUEST THE S14ERIFFS DEPT. TO PATROL :HALLSTEAD AREA MORE OFTEN Motion made by Councilman Manning Seconded by Councilman Pierce All voting: AYE ADOPTED patrol Hallstead area WHEREAS is was brought to the attention of the Town Board of a traffic problem in the area of the many apartment buildings.located near Hallstead Rd. and BE IT RESOLVED that the Supervisor is hereby.authorized and directed to write a letter to the Sheriff's Dept. advising them of the situation and request that they patrol the area more often. Also, would it be possible to replace the existing Yeild sign with a Stop sign. RESOLUTION # 94 AUTHORIZATION TO HIRE MARCEL LEVESQUE FOR MOWING THE LAWN AT LAMONT CIRCLE PARK Motion made by Councilman Manning Seconded by Councilman Pierce mowing lawn All voting: AYE ADOPTED at Lamont Circle Pk. WHEREAS Marcel Levesque is 17 years old, and has working papers, and has applied for the job BE IT RESOLVED that authorization is hereby given to hire Marcel Levesque to mow the lawn at Lamont Circle Park subject to confirmation -from the Department of Labor regarding the lawnmower. Supervisor Nadolski apprised the Town Board that he has sent letters to Governor Carey, Assemblyman Riford and Senator Lombardi in*regards to our resolution # 66 of State Mandated Programs. Attorney Folmer advised the TownBoard of the status of the Barker's Certiorari Proceedings. A motion was made by Barker's Attorneys to place the matter on the status of --- pre-trial calendar of the court. Our attorneys opposed Barker's that motion. We have not yet had a determination of Certiorari that motion. Proceedings We may need to obtain an expert witness which will be decided at a later time. Wednesday, May 16, 1979 page 5 162' Attorney Folmer has prepared the Certification of Certifica.tionPermissive Referendum. The TownClerk shall sign and of Permissivefile this with the County Clerk and with the Department Referendum of Audit & Control. There was a general discussion in reference as to what we should be doing now, to be prepared to proceed when the approval is received for Sewer District #2. Attorney Folmer stated the general map has been done. Once the Dept. of Audit & Control has issued its approval for the formation of the district and we adopt the final order, which establishes the district, that order is not effective for 30 days after adoption. Until then, nothing can be done . ,, There being no further business, upon motion by Councilman Manning, seconded by Councilman Miller, to adjourn. All voting: AYE. Motion was carried,. The meeting was adjourned at 8:15 P.M. R ectifully submitted, r Pauline H. Parker Town Clerk ATTENTION: The orginal can be found in the back of the book. Pages were typed in reverse in error. LI Wednesday, May 16, 1979 page 5 1 6 1 Attorney Folmer has prepared the Certification of Permissive Referendum. The Town Clerk shall sign'and file this with the County Clerk and with the Department of Audit & Control. There was a generAI discussion in reference as to what we should be doing now,.to be prepared to proceed when the approval is received for Sewer District #2. Attorney Folmer-stated-the general map,has been done. Once the Dept. of Audit & Control has issued its approval for the formation of the district and we adopt the final order, which establishes the district, that order is not effective for 30 days after adoption. Until then, nothing can be done. ® There being no further business, upon motion by Councilman Manning, seconded by Councilman Miller, to adjourn. All voting: AYE,. Motion was carried. The meeting was adjourned at 8:15 P.M. Respectfully submitted, Pauline H. Parker Town Clerk. • 162, Wednesday, May 16, 1979 page 4 BE IT FURTHER RESOLVED that we lease an additional copy machine,from Pitney Bowes -for a one year -period, Supervisor Nadolski apprised the Town Board that he has met with Mr. Robert Primo and discussed the road he recently constructed at the end of Homestead Ave. Mr. Primo agreed to mark the exit as Emergency Only. He also will blacktop this and will put up a temporary barricade. This will be replaced by Mr. Primo if necessary, at their expense. Mr. Nadolski has talked with some of the residents on Homestead and'they are in agreement. A resident of Hallstead expressed concern about the many housing complexus built in that area. Now 500 college students will be housed in that area. The occupant of these buildings show no respect to road signs etc. and was concerned about -this new"Emergency Only"road being used as a public highway. RESOLUTION # 93 AUT.HORIZATION FOR SUPERVISOR TO REQUEST THE SHERIFFS DEPT. TO PATROL HALLSTEAD AREA MORE OFTEN Motion made by Councilman Manning Seconded by Councilman Pierce All voting: AYE ADOPTED WHEREAS it was brought to the attention of the Town Board of a traffic problem in the area of the many apartment buildings located near Hallstead Rd. and BE IT RESOLVED and directed to Dept. advising they patrol the be possible to a Stop sign. RESOLUTION # 94 that the Supervisor is hereby authorized write a letter to the Sheriff's them of the situation and request that area more often. Also, would it replace the existing Yeild sign with AUTHORIZATION TO HIRE MARCEL LEVESQUE FOR MOWING THE LAWN AT LAMONT CIRCLE PARK Motion made by Councilman Manning Seconded by Councilman Pierce All voting: AYE ADOPTED WHEREAS Marcel Levesque is 17 years old, and has working papers,,and has applied for the job BE IT RESOLVED that authorization is hereby given to here Marcel Levesque to mow the lawn at Lamont Circle Park subject to confirmation from the Department of Labor regarding the lawnmower. Supervisor Nadolski apprised the Town Board that he has sent letters to Governor Carey, Assemblyman Riford and Senator Lombardi in regards to our resolution # 66 of State Mandated Programs. Attorney Folmer advised the TownBoard of the status of the Barker's Certiorari Proceedings. A motion was made by Barker's Attorneys to place the matter on the pre-trial calendar of the court. Our attorneys opposed that motion. We have not yet had a determination of that motion. We may need to obtain an expert witness which will be decided at a later time. 1 • 1 0 1 M MER & F'OLMER TORNEYS AND '.OUNSELORS LI1 I AVENUE ANC. NHW VCRN 1904E At a regular meeting of the 'Town Board of the Town of Cort landville, Cortland County, Ne York, held on June 6, 1979.at 7 : 30. p..m. , in the Town Hall, .Terrace Road, Town of Cortland ville. Present: Stanley Nadolski Supervisor Warren Manning . Councilman Ray E. Miller Councilman Mel Pierce Councilman Raymond..Thorpe Councilman In the Matter ) of ) The establishment of•a Sewer Dis-. ) tfict in the Town of Cortlandville,'') Cortland County,' New York, pursu- ) ant to ARTICLE , 1:2 -A of the Town. ) Law. ) WHEREAS, the Town Board of the Town of.CCortlandville,'Co County,.New_York,.•has caused a•general map, plan and report to be prepared and filed -in the office of the Town Clerk of the Town in relation to the proposed establishment of a sewer district in the Town, to be known as the "McLean Road Sewer District (Sewer Dis- trict #2)" of the Town of Cortlandville; and WHEREAS, an order was adopted by•the Town Board on March 15, 1979.,.reciting-a description .of the boundaries of the district, the proposed improvements, the maximum amount proposed to be ex- AER & FOLMER fORNEYS A'ND OUNSELORS :LINYON AVE—C LAND. NCW YO01c 190.E pended for the improvements to be provided in connection therewith the fact that the map, plan and report had been presented to and also were on file in the Town Clerk's office, and specifying March 29, 1979, at 7 P.M., in Town Hall, Terrace.Road, Town of Cortlandville, N.Y. in the.Town, as the time when and -the place where the Town Board would meet in a public hearing to hear all persons -interested in the creation of the district, and for any. other action on the part -of the Town Board with relation to.the .matter as might be required by law or proper in the circumstance.s; and WHEREAS,.the order was published and posted.in the manner and within the time prescribed by Section 209-d of the Town Law. and proof 'of the publication and posting has been presented to the Town Board; and. WHEREAS, the public hearing was held at the time and place set forth in the order, and all pers.ons desiring to be heard were. heard; and WHEREAS, fdllow'_ng the public hearing and based upon the evi- dence given thereat, the Town Board on April 4, 1979,.adopted a. resolution -subject -to permissive referendum determining in the. affirmative all of the questions set forth in subdivision 1 of Section 209-e of the Town Law and -approving the establishment of the district; and WHEREAS, notice of the adoption of the resolution was publishE and posted in the manner provided by law, and proof of the publi- cation and posting presented Lo the Town Board; and 21 IER & FOLMER "ORNEYS AND OUNSELOnS. LINTON AVENUE ,AND. NEW YORK WHEREAS, pursuant,to the provisions of Article 7 of the Town Law no petition was filed -with the Town.Board requesting a referendum upon.the question of improvements proposed; and WHEREAS, the .permission of the State Comptroller for the es- tablishment of*the district has been received, by his.order dated_ May 29, 197.9. NOW,THEREFORE, IT IS ORDERED, by the Town Board of the Town of Cortlandville, Cortland County, New York, as follows: 1. The Sewer District of the Town of Cortlandville, Cortland County, New York, is hereby established substantially in accordance with the aforesaid map, plan and report, and the district shall be bounded and described as is indicated on Schedule A annexed hereto -and incorporated herein by reference, such district to be known as - "McLean Road Sewer District (Sewer.District #2) 2. The construction of the proposed improvements for the dis- trict, consisting.of.a sewer system; including pipe, laterals, mi s, pumps:,-- and also Including lands or right's in land, .original furn- ishings, equipment,.machinery or apparatus incidental thereto, substantially'as set forth on the map, plan and report, is hereby authorized'at a maximum estimated cost of $646,100.00'. The method of financing is: 8.0% of -the cost of the district will be paid with funds granted to the Town of Cortlandville, County of Cortland, State of New York by the Appalachian Regional Commission; the remaining 20% of the cost thereof will be financed through bonds issued by'the Town of Cortlanddille and purchased by the United -States o.f America acting through the Farmer's.Home Admini- stration for a-.term'of'thirty (30) years at the interest rate' prevailing at time o.f.sale, said bonds'to be retired by.payments received from the users of the sewer which is the subject matter. of the district. 3._ The Town Clerk is.hereby authorized and directed to cause a certified copy of this order to be recorded and filed in accordance with the provisions of subdivision'l of Section 209-g of the Town Law. i 4'. This order shall take effect immediately. The foregoing.order was.adopted by the following, roll call, vote: ...........VOTING..AYE.................... Warren .Manning.. .......... ..VOTING..AYE................. .... ...... ...... .. ... RaX.E:.Miller.................. VOTING..AYE....... ... ..................... VOTING..4XEr.................. I....... Ra nondThor�e.................VOTING..AYE....................... The order was declared adopted.